Sec. 1111. Strengthening the requirements for barriers along the southern border

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Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Division C of Public Law 104–208 ; 8 U.S.C. 1103 note) is amended— by amending subsection

(a)to read as follows: The Secretary of Homeland Security shall take such actions as may be necessary (including the removal of obstacles to detection of illegal entrants) to design, test, construct, install, deploy, integrate, and operate physical barriers, tactical infrastructure, and technology in the vicinity of the United States border to achieve situational awareness and operational control of the border and deter, impede, and detect illegal activity in high traffic areas. ; in subsection (b)— in the subsection heading, by striking and inserting fencing and road improvements ; physical barriers in paragraph (1)— in subparagraph (A)— by striking subsection

(a)and inserting this section ; by striking roads, lighting, cameras, and sensors and inserting tactical infrastructure, and technology ; and by striking gain inserting achieve situational awareness and ; and by amending subparagraph

(B)to read as follows: Not later than September 30, 2023, the Secretary of Homeland Security, in carrying out this section, shall deploy along the United States border the most practical and effective physical barriers and tactical infrastructure available for achieving situational awareness and operational control of the border. The deployment of physical barriers and tactical infrastructure under this subparagraph shall not apply in any area or region along the border where natural terrain features, natural barriers, or the remoteness of such area or region would make any such deployment ineffective, as determined by the Secretary, for the purposes of achieving situational awareness or operational control of such area or region. ; in subparagraph (C)— by amending clause

(i)to read as follows: In carrying out this section, the Secretary of Homeland Security shall consult with the Secretary of the Interior, the Secretary of Agriculture, appropriate representatives of Federal, State, local, and tribal governments, and appropriate private property owners in the United States to minimize the impact on the environment, culture, commerce, and quality of life for the communities and residents located near the sites at which such physical barriers are to be constructed. ; by redesignating clause

(ii)as clause (iii); by inserting after clause (i), as amended, the following new clause: Not later than 60 days after the consultation required under clause (i), the Secretary of Homeland Security shall notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate of the type of physical barriers, tactical infrastructure, or technology the Secretary has determined is most practical and effective to achieve situational awareness and operational control in a specific area or region and the other alternatives the Secretary considered before making such a determination. ; and in clause (iii), as so redesignated— in subclause (I), by striking or after the semicolon at the end; by amending subclause

(II)to read as follows: delay the transfer of the possession of property to the United States or affect the validity of any property acquisition by purchase or eminent domain, or to otherwise affect the eminent domain laws of the United States or of any State; or ; and by adding at the end the following new subclause: create any right or liability for any party. ; and by striking subparagraph (D); in paragraph (2)— by striking Attorney General and inserting Secretary of Homeland Security ; by striking this subsection and inserting this section ; and by striking construction of fences and inserting the construction of physical barriers ; by amending paragraph

(3)to read as follows: In carrying out this section, the Secretary of Homeland Security, when designing, constructing, and deploying physical barriers, tactical infrastructure, or technology, shall incorporate such safety features into such design, construction, or deployment of such physical barriers, tactical infrastructure, or technology, as the case may be, that the Secretary determines, in the Secretary’s sole discretion, are necessary to maximize the safety and effectiveness of officers or agents of the Department of Homeland Security or of any other Federal agency deployed in the vicinity of such physical barriers, tactical infrastructure, or technology. ; and in paragraph (4), by striking this subsection and inserting this section ; in subsection (c), by amending paragraph

(1)to read as follows: Notwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive all legal requirements the Secretary, in the Secretary’s sole discretion, determines necessary to ensure the expeditious design, testing, construction, installation, deployment, integration, and operation of the physical barriers, tactical infrastructure, and technology under this section. Such waiver authority shall also apply with respect to any maintenance carried out on such physical barriers, tactical infrastructure, or technology. Any such decision by the Secretary shall be effective upon publication in the Federal Register. ; and by adding after subsection

(d)the following new subsections: Not later than September 30, 2023, the Secretary of Homeland Security, in carrying out this section, shall deploy along the United States border the most practical and effective technology available for achieving situational awareness and operational control of the border. Nothing in this section may be construed as requiring the Secretary of Homeland Security to install tactical infrastructure, technology, and physical barriers in a particular location along an international border of the United States, if the Secretary determines that the use or placement of such resources is not the most appropriate means to achieve and maintain situational awareness and operational control over the international border at such location. In this section: The term high traffic areas means areas in the vicinity of the United States border that— are within the responsibility of U.S. Customs and Border Protection; and have significant unlawful cross-border activity, as determined by the Secretary of Homeland Security. The term operational control has the meaning given such term in section 2(b) of the Secure Fence Act of 2006 ( 8 U.S.C. 1701 note; Public Law 109–367 ). The term physical barriers includes reinforced fencing, border wall system, and levee walls. The term situational awareness has the meaning given such term in section 1092(a)(7) of the National Defense Authorization Act for Fiscal Year 2017 ( 6 U.S.C. 223(a)(7) ; Public Law 114–328 ). The term tactical infrastructure includes boat ramps, access gates, checkpoints, lighting, and roads. The term technology includes border surveillance and detection technology, including the following: Tower-based surveillance technology. Deployable, lighter-than-air ground surveillance equipment. Vehicle and Dismount Exploitation Radars (VADER). 3-dimensional, seismic acoustic detection and ranging border tunneling detection technology. Advanced unattended surveillance sensors. Mobile vehicle-mounted and man-portable surveillance capabilities. Unmanned aerial vehicles. Other border detection, communication, and surveillance technology. The term unmanned aerial vehicle has the meaning given the term unmanned aircraft in section 331 of the FAA Modernization and Reform Act of 2012 ( Public Law 112–95 ; 49 U.S.C. 40101 note). .

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